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United States v. Ressam

Docket No.: 07-455
Certiorari Granted: Dec 7 2007
Argued: March 25, 2008
Decided: May 19, 2008


Omnibus Crime Control and Safe Streets, National Firearms, Organized Crime Control, Comprehensive Crime Control, or Gun Control Acts, except for RICO (q.v.) portion

PartyNames: United States v. Ahmed Ressam
Petitioner: Ahmed Ressam
Respondent: United States

Court Below: United States Court of Appeals for the Ninth Circuit

Ahmed Ressam
United States
553 U.S. 272 (2008)
Question Presented:

Section 844(h)(2) of Title 18, United States Code, prescribes a mandatory ten-year term of imprisonment for any person who "carries an explosive during the commission of any felony which may be prosecuted in a court of the United States." The question presented is whether Section 844(h)(2) requires that the explosives be carried "in relation to" the underlying felony.


Does 18 U.S.C. Section 844(h)(2), which prohibits carrying explosives "during the commission of any felony", apply to a defendant convicted of lying to a customs agent because the explosives were not carried "in relation to" the underlying felony?

Holding: judgment reversed
Decision: Decision: 8 votes for United States, 1 vote(s) against
Vote: 8-1
Opinion By:

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